Posted: April 24, 2023
Rules of Civil Procedure – Comment Period Closed June 8, 2023
URCP006. Time. AMEND. The proposed change adds “Juneteenth National Freedom Day (as recognized by the Utah Legislature as the third Monday of June)” to the list of legal holidays set forth by the rule. Also, change “state” to “legal” in subparagraph (a)(6)(M).
URCP012. Defenses and objections. AMEND. The proposed change adds “file and” to the language before the word “serve” to make it clear answers must be filed with the court and served.
Posted: April 24, 2023
Code of Judicial Administration – Comment Period Closed June 8, 2023
CJA04-0202.03. Records access (AMEND).
CJA04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index (AMEND). The proposed amendments align the rules with Utah Code Sections 77-40a-403(2)(b) and 77-40a-404, identifying individuals and entities who may access expunged records. Other amendments are non-substantive and intended to streamline the rules.
CJA04-0404. Jury selection and service (AMEND). The proposed amendments add the option to email juror qualification forms and summonses to prospective jurors.
CJA06-0501. Reporting requirements for guardians and conservators (AMEND). In response to previous public comments, the proposed amendments clarify filing requirements and use of forms for guardians and conservators.
Posted: April 24, 2023
Code of Judicial Administration – Comment Period Closed June 8, 2023
CJA04-0202.02. Records classification (AMEND). The proposed amendments update statutory references and include three substantive changes:
- Classifies records related to Court Commissioner Conduct Committee and Council actions under CJA Rule 3-201.02 as “private,” except for public censures by the Judicial Council.
- Safeguards contact information in domestic cases upon request, if the individual’s contact information has been safeguarded in a protective order or stalking injunction action under (8)(A) or in the cases listed under (8)(B).
- In response to S.B. 93, classifies:
- sex designation records for both minors and adults as “private;”
- name change records for both minors and adults as “public,” and
- records in cases involving both a name change and a sex designation change, for minors and adults, as “private” (with a few exceptions).
Posted: April 21, 2023
Rules of Evidence – Comment Period Closed June 5, 2023
URE0506. Physician and Mental Health Therapist-Patient. Amend. The proposed amendments to Rule 506 seeks to find a proper balance between maintaining a strong privilege, respecting a criminal defendant’s constitutional rights, and clarifying when and how the exception applies.
Posted: April 20, 2023
Rules of Appellate Procedure – Comment Period Closed June 4, 2023
URAP014. Review of administrative orders: how obtained; intervention. Public Comment. The Committee proposes amending Rule 14 to: (1) add a filing fee provision. This provision was inadvertently removed from the rule in 2016. The Committee is adding the provision back into the rule so it is consistent with Rules 3 and 5.
Posted: April 20, 2023
Rules of Appellate Procedure – Comment Period Closed June 4, 2023
URAP004. Appeal as of right: when taken. S.B. 18, the Public Expression Protection Act, originally sought to impose a 21-day deadline to file a notice of appeal from the denial of an expedited motion to dismiss a lawsuit under the Act. But the Utah Supreme Court’s legislative liaison recognized that including a deadline to file a notice of appeal in a statute could raise constitutional questions about whether that deadline infringes the Court’s procedural rulemaking authority. There was not enough time left in the legislative session for the legislature to pursue a joint resolution to amend the rules of appellate procedure to add the new deadline. Thus, to avoid future litigation on the constitutional issue, court and legislative personnel worked jointly to amend rule 4 to include the new deadline to take effect simultaneously with the bill’s effective date of May 3, 2023. The Court has accordingly adopted the amendment to rule 4 on an expedited basis, with the public comment period to follow, pursuant to rule 11-105(5) of the Utah Rules of Judicial Administration.
Posted: April 11, 2023
Supreme Court Rules of Professional Practice – Comment Period Closed May 26, 2023
CJA11-0107.Open and Public Meetings. NEW. This rule describes when Supreme Court committees should hold open meetings and defines allowable reasons for closed meetings. This rule is consistent with the philosophy of the Open and Public Meetings Act.
Posted: March 20, 2023
Code of Judicial Administration – Comment Period Closed May 4, 2023
CJA01-0205. Standing and ad hoc committees (AMEND). Adds members to the Judicial Council’s Standing Committee on Fairness and Accountability.
CJA03-0117. Committee on Court Forms (AMEND). Acknowledges the Committee’s responsibility to review existing forms and assess the need for new court forms, adds new form requirements, including user-testing where practicable, and removes the requirement that the General Counsel conduct a legal review of every form prior to committee approval.
CJA03-0406. Budget and fiscal management (AMEND). Incorporates the role of the Budget and Fiscal Management Committee and makes other improvements to clarify the judiciary’s budget process.
Posted: February 28, 2023
Code of Judicial Administration – Comment Period Closed April 14, 2023
CJA06-0507. Court visitors (AMEND). The proposed amendments replace “protected person” and “ward” with “respondent” where applicable; clarify who may receive a court visitor report or notice; require court visitors to use a Council-approved Order on Review form; and provide the court with broad discretion in taking action on a court visitor report. Language access requirements are addressed elsewhere in the Code of Judicial Administration.
CJA03-0414. Court security (AMEND). The proposed amendments require officers in plain clothes to wear something that identifies them as law enforcement; require officers to use a duty-type holster with a user-operated restraining device if a firearm is visible; clarify who is allowed to carry firearms in courthouses; and otherwise clean up or streamline the rule.
Posted: February 23, 2023
Rules of Professional Conduct – Comment Period Closed April 9, 2023
RPC07.01. Communications Concerning a Lawyer’s Services. Amend. The proposed amendments to Rule 7.1 prohibit direct solicitation of a potential client for the purpose of obtaining professional employment. For conduct of nonlawyers acting on behalf of lawyers, see Rule 5.3.